State Cases Clause Samples

State Cases. (1) Defendants are entitled to dismissal with prejudice of State Cases that opt in to the Program, as set forth above, in accordance with the following schedule: Timely submits “Notice of Intent to Opt In Form,” and fails to submit a complete Claim Package by the Cure Deadline BHCP, or, if BHCP is not a Defendant in the case, any Defendant in such case, is entitled to file with the relevant court the Stipulation of Dismissal submitted with the Claim Package at any time following the Cure Deadline or if the deficiency relates to the Stipulation, BHCP, or, if BHCP is not a Defendant in the case, any Defendant in such case, is entitled to move to dismiss the Claimant’s case with prejudice following the Cure Deadline, in each case subject to the resolution of any request for reconsideration, and/or appeal, if permitted by this Agreement. See, e.g., Sections 3.01, 3.05 and 5.03. Submits Claim Package, but Program Participant is not entitled to a settlement award Or Submits Claim Package and is entitled to a Final Award BHCP, or, if BHCP is not a Defendant in the case, any Defendant in such case, is entitled to file with the relevant court the Stipulation of Dismissal submitted with the Claim Package at any time following the Claims Administrator’s Final Award determination or determination that the Claimant is entitled to no award, subject to the resolution of any request for reconsideration, and/or appeal, if permitted by this Agreement. See, e.g., Sections 3.05, 3.06, and 5.03.
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